NIKHIL SINGH v. STATE OF U.P. THRU. PRIN. SECY. PRISONS, U.P., LKO AND 2 OTHERS
WRIA/11849/2025 · 2025-10-09
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168065 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168065 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11849 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioner and learned state counsel for opposite parties.
2. Petition has been filed challenging order dated 12th August 2024 rejecting petitioner's claim for compassionate appointment due to demise in harness of one Smt. Ramashree who is said to have passed away on 12th December 2019.
3. From a perusal of the impugned order, it appears that although petitioner had claimed to be the adopted son of deceased person but did not produce any document with regard to the same and therefore such a claim as an adopted son was not considered. Claim for compassionate appointment raised by petitioner has in fact been rejected on the ground he is maternal grand son of deceased and therefore does not come within purview of 'family' as defined in Rule 2 of the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974.
4. The alleged adoption deed dated 1st December 2012 however has been brought on record of this writ petition as annexure No.3.
5. In view of the aforesaid fact that a copy of the alleged adoption deed has been brought on record but was not available at the time of
consideration of petitioner's claim for compassionate appointment, liberty is granted to petitioner to file a fresh representation for seeking Versus Counsel for Petitioner(s) : Sushil Kumar Misra Counsel for Respondent(s) : C.S.C. Nikhil Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Prisons, U.P., Lko And 2 Others .....Respondent(s)
compassionate appointment on the basis of the alleged adoption deed dated 1st February 2012 which is said to be registered. In case any such representation is filed alongwith the alleged adoption deed, the same shall be considered by opposite party No.2 i.e. Senior Superintendent, District Jail, Lucknow expeditiously within a period of six weeks from the date a certified copy of this order is submitted before the opposite party No.2 who shall also afford opportunity of hearing to all the heirs of deceased.
Order dated 12th August 2024 shall be subject to final order passed by the authority.
6. The petition stands disposed of. October 9, 2025 prabhat WRIA No. 11849 of 2025 2 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench